Texas Codes
Tex. Educ. Code § 21.3041 (2026)
Rehearing By Commissioner
✓ current as of May 2026
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Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later than the 20th day after the date the party or the party's representative receives notice of the commissioner's decision under Section 21.304, the party may file a request for rehearing.
(b) A request for rehearing is not required for a party to appeal the commissioner's decision under Section 21.307.
(c) A request for rehearing is denied by operation of law if the commissioner does not issue an order before the 45th day after the date the party or the party's representative receives notice of the commissioner's decision.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 15, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 4, eff. June 20, 2003.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2016–2025 · leading case: Port Arthur Indep. Sch. Dist. v. Dwight Wagner (Tex. App. 2025).
Port Arthur Indep. Sch. Dist. v. Dwight Wagner (Tex. App. 2025). “13 Tex. Educ. Code § 21.3041 ...............”
E. A.// Texas Dep't of Fam. & Prot. Servs. v. Texas Dep't of Fam. & Prot. Servs.// Cross-Appellee, E. A. (Tex. App. 2016). “.........................................”
Patricia Mosley v. Texas Health & Human Servs. Comm'n & Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “104(f); and that “[a] request for rehearing is not required for a party to appeal the [Commission of Education’s] decision” on non-renewal of a teacher’s contract to a state trial court, TEX. EDUC. CODE § 21.3041(b). That the legislature has spoken clearly when it wishes to…”
Port Arthur Indep. Sch. Dist. v. Dwight Wagner (Tex. App. 2025). “See Tex. Educ. Code § 21.3041(c). Thus, Plaintiff was required to perfect this appeal by December 16, 2024 (30 days after the denial of the Request for Rehearing).”
— Tex. Educ. Code § 21.3041(b) — 2 cases
E. A.// Texas Dep't of Fam. & Prot. Servs. v. Texas Dep't of Fam. & Prot. Servs.// Cross-Appellee, E. A. (Tex. App. 2016). “.........................................”
Patricia Mosley v. Texas Health & Human Servs. Comm'n & Texas Dep't of Fam. & Prot. Servs. (Tex. 2019). “104(f); and that “[a] request for rehearing is not required for a party to appeal the [Commission of Education’s] decision” on non-renewal of a teacher’s contract to a state trial court, TEX. EDUC. CODE § 21.3041(b). That the legislature has spoken clearly when it wishes to…”
— Tex. Educ. Code § 21.3041(c) — 2 cases
Port Arthur Indep. Sch. Dist. v. Dwight Wagner (Tex. App. 2025). “13 Tex. Educ. Code § 21.3041 ...............”
Port Arthur Indep. Sch. Dist. v. Dwight Wagner (Tex. App. 2025). “See Tex. Educ. Code § 21.3041(c). Thus, Plaintiff was required to perfect this appeal by December 16, 2024 (30 days after the denial of the Request for Rehearing).”
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